CAUSE4DESIGN copyright woes

[budafist]

OK, copyright isn't my area. I really don't know much about it. Anyone that knows more than me, jump in when you like!

Our problem is our url is cause4design.org but there is a causefordesign.com (http://www.causefordesign.com) are they close enough to get us into trouble?

I always thought that you could not have the same name as your competition but if you changed your name a little (in this case a 4) it would pass as a new name. Also, I don't know what this company does (maybe the same as us) but I thought that if you didn't do the same thing you could have the same name too.

Example: In there are 2 companies: Kiwi (shoe polish) and Kiwi (bacon). They sell different things so that is fine.

I can't see anyone to contact from the causefordesign.com website. I'm thinking that they are just parking that name for something or perhaps the project has even been abandoned.

So now what?

[Two-Toe Tom]

i found the contact info for the registrant of the website, but i wouldn't know what to ask her and stuff, does anyone want to contact her and discuss the issue?

[hewligan]

Your problem here has nothing to do with copyright - names aren't copyrightable. What you need to worry about here is trademarks. Since you're doing a similar thing with similar names, then certainly if they had a trademark, you'd be infringing on it.

The other potential problem is the domain disputes resolution people - if those other guys made a complaint then it's possible that you could lose your domain - though that probably wouldn't happen without, once again, a trademark.

[doctorfoz]

I have found these links.

http://www.startaid.com/comment/938770/designgive--cause-for-design.html

http://www.joshspear.com/item/designgive-wear-and-give/

it would appear that these guys are trying to do the same as the GDF. However, the links to their actual website 'designgive' are not working.

according to this site

http://cssmania.com/galleries/2007/03/27/designgive.php

the website was created by this guy

http://www.besupercharged.com/

I hope you don't mind, but I've sent him a message to ask for more details....

["Technical" Terry]

i found the contact info for the registrant of the website, but i wouldn't know what to ask her and stuff, does anyone want to contact her and discuss the issue?

Back on the 17th TTT suggested that we try a direct contact. Please send me the information so that we can get this ball rolling again.




Also......this does not mean that any of the other areas need to stop working. Please continue in your respected areas. This is only a name. If it changes, it simply means doing a find and replace in your documents.

[mac.FINN]

I'd put a hold on the logos too.

[budafist]

Well the logo competition has officially finished (22 July) but I will wait for a bit until we know if we can use this name or not before posting a poll for voting on the logo.

Thanks Terry for contacting the guy.

What do we do if he doesn't reply?

Shall we send a second email as a contract saying if we don't hear anything back by (certain date) we will consider it an "ok" to proceed? Can you do that?

["Technical" Terry]

I intend to send the first e-mail by this Friday at the latest. If there is no response by the 1st of August, I will send a registered letter. In the registered letter, I will put a required response date of August 15th.


I think that everyone who posts should help out by suggesting outcomes to each of the two following scenarios.

1. We get no response at all.
2. We are told not to use the name.

[WannaBrie]

What if we go ahead and have a "plan b" just in case? Pick another name and have a new logo, that way we'll be covered if this one falls through.

[doctorfoz]

hi. this is the reply I received from the designgive chap.

"Simon,
We really appreciate your interest in Designgive. The site is collaborative design effort by Chris Muniz (http://www.tomatocreative.com/) and myself.
Designgive is an apparel site thatshowcases artwork buy talented designers. In addition, at least $1 from every sale goes towards one of the affiliated charities.

I apologize, the site is temporarily down, but we should have it back up very soon. If you need anything else, let me know.

Thanks again for your interest.

Sincerely,
Darren Ansley"

I have darren's email address if you want it (rather than post if on the forum for spamrobots etc)

[Tea]

No mention of Cause for Design then? That seems to be a bit unclear.

[doctorfoz]

well the designgive website is working now.

and there, right at the top is 'cause for design'.

whether or not this is related to the original 'cause for design' website - the one with no contact details - is unclear.
Maybe it was just a place holder - to get the name in the public domain and stop anyone else doing it.

[Tea]

It is definitely out there for everyone to see. It seems like it something we should steer clear of in my eyes.

[Two-Toe Tom]

i don't think designgive.com and causefordesign.com are related. "cause for design" just happens to be designgive's tagline it seems.

[Tea]

I believe you're correct on that Tom. Another concern besides the legalities, even if it is only a tagline, is if you do a search for Cause for Design, that comes up pretty easily on the results and I'd sure hate to see users and possible buyers going to the wrong site.

What do you think? I'm open for anything really, but I think like Tech Terry mentioned somewhere, we should be acting on this.

[hewligan]

I checked the US PTO's online search and there is no registered trademark for Cause for Design - though that doesn't preclude a common law trademark (although that probably doesn't really matter).

["Technical" Terry]

I intend to send the first e-mail by this Friday at the latest. If there is no response by the 1st of August, I will send a registered letter. In the registered letter, I will put a required response date of August 15th.

E-Mail was sent on Thursday 8/26. Came back as undeliverable. Registered letter being sent tomorrow. I would appreciate some suggestions on the two subjects that I mentioned before.


I think that everyone who posts should help out by suggesting outcomes to each of the two following scenarios.

1. We get no response at all.
2. We are told not to use the name.

[Tea]

I would venture if we get no response, that we use the name. We had several logo submissions, so that could easily be voted on.

If we are told not to use the name, then I suggest we go with the second place in the voting. designedf4acause I believe.

["Technical" Terry]

Well, I think that we have waited long enough. A decision must now be made. I sent the certified letter on Aug 1st as promised, but still it has not been claimed and, of course, not responded to. (For the doubters out there: www.usps.com - 70063450000035990630)

So....What are we going to do? I am getting so tired of this stagnation. We are really about to run into a serious time issue if we don't get moving real soon.

[Drazan]

I say go with the name. It is used numberous times by numberous organizations that I don't think there will be an issue.

Plus I'm *realy* good at SEO so our page rank should zoom up significantly fast.

Jade

[budafist]

OK let's go with it. I'll post a vote thread for the logo designs in a moment.

[Tea]

I agree. Let's move on this.

["Technical" Terry]

Tally-hoe